Edgar Co. (ECWd) -
State's Attorney Question: Did you advise the court when it was that you activated the body camera?
Burgin Answer: (under oath) when I exited my car and I was walking up toward the vehicle that I had seen him driving.
Plaintiff Attorney Questions: Do you agree that the body cam video, which you reviewed, is a fair and accurate representation of what occurred on that date?
Burgin Answer: YES
Before we go any further, please note that this law enforcement officer, under oath, has responded affirmatively that the body cam video is a fair and accurate representation of what occurred on the date of the incident in question.
Plaintiff Attorney Questions: You testified today, "I activated my body cam when I exited my car and was walking up the driveway. Do you remember that testimony?
Burgin Answer: YES
Plaintiff Attorney Questions: However, in your police report, you stated, "He opened the garage door and I stepped into the opening out of the rain to speak to xxxxxxx. I activated my body camera". So we have a discrepancy there. What's correct?
Burgin Answer: It was pouring down rain, and I had to run up toward the garage trying to get out of the rain. I pushed the button on my body cam. I don't know exactly where I was when I pushed the button, and I don't know exactly where it started recording.
"I don't know exactly where I was when I pushed the button, and I don't know exactly where it started recording"?
That is not what he told the State's Attorney! How is it possible he doesn't know, when he testified under oath when he turned it on as well as testified that he reviewed the video? Anyone that reviewed the video would be able to know exactly at what point the body cam was turned on.
Plaintiff Attorney Questions: So if you activated the body cam when you exited your car, it should show the driveway and the door of the garage opening in the rain, correct?
It depends on where I pushed the button, and also it depends on when I unzip my coat so the body camera would
be pointed out so it doesn't get wet.
Plaintiff Attorney Questions: If you had your coat zipped up, would the body cam just show black but be recording?
Burgin Answer: I have to unzip my coat to activate the body cam because it covers the body cam.
Plaintiff Attorney Questions: So, is it your testimony you don't know if you activated your body cam when you exited your car or when you were already in the garage, you don't know?
Burgin Answer: I don't recall exacily where I activated it.
So if he does not know where he activated his body cam, how is it that he testified under oath that he activated it when he exited his car? Is his first answer a lie? Would that answer constitute perjury? He reviewed the video so the truth as to when the body cam was activated is in the video, which we are seeking a copy of to expose the whole story of Dee Burgin's testimony. Not only does it appear that his testimony is tainted, it also appears his own police report is in conflict with his testimony, as was pointed out in the questioning.
Is it any wonder this case was dismissed?
How long will it be before the current Sheriff and State's Attorney take appropriate action to remove this deputy from his job?
You can download the transcript here or view below.